SEDIMENT & STORMWATER
Effective Date: January 23, 1991
As Amended: March 11, 1993
April 11, 2005
Title 7 Natural Resources and Environmental Control
Delaware Administrative Code
5000 Division of Soil and Water Conservation
5101 Sediment and Stormwater Regulations
TABLE OF CONTENTS
1.0 Scope 2
2.0 Definitions 3
3.0 Exemptions, Waivers, and Variances 6
4.0 Departmental Responsibilities 8
5.0 Criteria for Delegation of Program Elements 10
6.0 Plan Approval Fees, Maintenance Fees, and Performance Bonds 13
7.0 Criteria for Implementation of a Stormwater Utility 15
8.0 Plan Application and Approval Process 17
9.0 Criteria for Designated Watersheds 19
10.0 Specific Design Criteria and Minimum Standards and Specifications 22
11.0 Standard Plan Criteria 29
12.0 Certified Construction Reviewer Requirements 30
13.0 Contractor Certification Program 32
14.0 Construction Review and Enforcement Requirements 33
15.0 Maintenance Requirements 36
16.0 Penalties 37
17.0 Hearings 37
18.0 Severability 37
1.1 Stormwater runoff may reasonably be expected to be a source of pollution to waters of the
State, and may add to existing flooding problems. The implementation of a statewide
sediment and stormwater program will prevent existing water quantity and water quality
problems from becoming worse, and in some cases, reduce existing problems.
1.2 Sediment and stormwater approvals are required for land changes or construction activities
for residential, commercial, industrial, or institutional land use which are not exempted or
waived by these Regulations. Requirements under these Regulations do not apply to
agricultural land management practices unless the Conservation District or the Department
determines that the land requires a soil and water conservation plan, and the owner or
operator of the land has refused either to apply to a Conservation District for the development
of such a plan, or to implement a plan developed by a Conservation District.
1.3 The Department intends that, to the extent possible, the provisions of these Regulations
be delegated to either the Conservation Districts, local governments, or other State agencies.
Those program provisions which are subject to delegation include sediment and stormwater
management plan approval, inspection during construction, post-construction inspection,
and education and training. Initial consideration regarding delegation of program
components shall be given to the Conservation Districts.
1.4 The implementation of a stormwater utility represents a comprehensive approach to program
funding and implementation. The activities which may be undertaken by a stormwater
utility include not only assessment, collection, and funding activities, but also carrying out
provisions of adopted stormwater management plans. These provisions may include
contracting for such services as project construction, project maintenance, project
inspection, and enforcement of installation and maintenance requirements imposed with
respect to approved land disturbing activities.
As used in these regulations, the following terms shall have the meanings indicated below:
”Adverse Impact” means a negative impact to land or waters resulting from a construction or
development activity. The negative impact includes increased risk of flooding; degradation of
water quality; increased sedimentation; reduced groundwater recharge; negative impacts on
aquatic organisms; negative impacts on wildlife and other resources, and threatened public health.
“Agricultural Land Management Practices” means those methods and procedures generally
accepted by the Conservation Districts and used in the cultivation of land in order to further crop
and livestock production and conservation of related soil and water resources.
“Applicant” means a person, firm, or governmental agency who executes the necessary forms to
obtain plan approval for a land disturbing activity.
“Appropriate Plan Approval Agency” means the Department, Conservation District, county,
municipality, or State agency that is responsible in a jurisdiction for review and approval of sediment
and stormwater management plans.
“As-Built Plans or Record Documents” means a set of engineering or site drawings that delineate
the specific approved stormwater management facility as actually constructed.
“Certified Construction Reviewer” means those individuals, having passed a Departmental
sponsored or approved training course, who provide on-site inspection for sediment control and
stormwater management in accordance with these regulations.
“Delegation” means the acceptance of responsibility by a Conservation District, county, municipality,
or State agency for the implementation of one or more elements of the statewide sediment and
stormwater management program.
”Department” means the Department of Natural Resources and Environmental Control.
“Designated Watershed or Subwatershed” means a watershed or subwatershed proposed by a
Conservation District, county, municipality, or State agency and approved by the Department.
The Department may establish additional requirements in these watersheds and subwatersheds
due to existing water quantity or water quality problems. These requirements shall be implemented
on an overall watershed or subwatershed master plan that is developed for water quality and/or
water quantity protection.
“Detention Structure” means a permanent stormwater management structure whose primary
purpose is to temporarily store stormwater runoff and release the stored runoff at controlled
“Develop Land” means to change the runoff characteristics of a parcel of land in conjunction
withresidential, commercial, industrial, or institutional construction or alteration.
“Developer” means a person undertaking, or for whose benefit, activities covered by
theseregulations are commenced and/or carried out.
“Drainage Area” means that area contributing runoff to a single point measured in a horizontal
plane, which is enclosed by a ridge line.
“Easement” means a grant or reservation by the owner of land for the use of such land by others
for a specific purpose or purposes, and which must be included in the conveyance of land affected
by such easement.
“Erosion and Sediment Control” means the control of solid material, both mineral and organic,
during a land disturbing activity, to prevent its transport out of the disturbed area by means of air,
water, gravity, or ice.
“Exemption” means those land development activities that are not subject to the sediment and
stormwater requirements contained in these regulations.
“Grading” means excavating, filling (including hydraulic fill) or stockpiling of earth materials, or
any combination thereof, including the land in its excavated or filled condition.
“Green Technology Best Management Practices (BMP’s)” means those practices that achieve
stormwater management objectives by applying the principles of filtration, infiltration and storage
most often associated with natural vegetation and undisturbed soils while minimizing a reliance
on structural components. They may also be constructed using an imported soil medium and
planted with vegetation designed to promote the natural hydrologic process. These practices
include, but are not limited to, vegetative filtration, riparian buffer plantings, bio-retention areas,
vegetative flow conveyance, as well as recharge and surface storage in undisturbed natural
“Infiltration” means the passage or movement of water through the soil profile.
“Land Disturbing Activity” means a land change or construction activity for residential, commercial,
industrial, and institutional land use which may result in soil erosion from water or wind or movement
of sediments or pollutants into State waters or onto lands in the State, or which may result in
accelerated stormwater runoff, including, but not limited to, clearing, grading, excavating,
transporting and filling of land.
“Off-site Stormwater Management” means the design and construction of a stormwater
management facility that is necessary to control stormwater from more than one land disturbing
“On-site Stormwater Management” means the design and construction of stormwater management
practices that are required for a specific land disturbing activity.
“Person” means any State or federal agency, individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, municipality or other political subdivision of this State, any interstate body or any
other legal entity.
“Redevelopment” means a land disturbance activity that alters the use of land but does not
necessarily alter the pre-development runoff characteristics.
“Responsible Personnel” means a foreman or superintendent who is in charge of on-site clearing
and land disturbing activities for sediment and stormwater control associated with a construction
“Sediment” means soils or other surficial materials transported and/or deposited by the action of
wind, water, ice or gravity as a product of erosion.
“Sediment and Stormwater Management Plan” (or Detailed Plan) means a plan for the control of
soil erosion, sedimentation, stormwater quantity, and water quality impacts resulting from any
land disturbing activity.
“Stabilization” means the prevention of soil erosion by surface runoff or wind through the
establishment of a soil cover through the implementation of vegetative or structural measures.
Examples include, but are not limited to, straw mulch with temporary or permanent vegetation,
wood chips, and stone or gravel ground cover.
“Standard Plan” means a set of pre-defined standards and/or specifications for minor land disturbing
activities that may preclude the preparation of a detailed plan under specific conditions.
“State Waters” means any and all waters, public or private, on the surface of the earth which are
contained within, flow through or border upon the State or any portion thereof.
“Stormwater” means the runoff of water from the surface of the land resulting from precipitation or
snow or ice melt.
“Stormwater Management” means:
• for water quantity control, a system of vegetative, structural, and other measures that may
control the volume and rate of stormwater runoff which may be caused by land disturbing
activities or activities upon the land; and
• for water quality control, a system of vegetative, structural, and other measures that control
adverse effects on water quality that may be caused by land disturbing activities or activities
upon the land.
“Stormwater Utility” means an administrative organization that has been established for the
purposes of funding sediment control, stormwater management or flood control planning, design,
construction, maintenance, and overall resource needs by authorized and imposed charges.
“Tidewater” means water that alternately rises and falls due to the gravitational attraction of the
moon and sun and is under the regulatory authority of Delaware Code, Title 7, Chapter 72. Examples
of tidewaters include the Atlantic Ocean, the Delaware Bay, and the Delaware Inland Bays.
“Variance” means the modification of the minimum sediment and stormwater management
requirements for specific circumstances where strict adherence of the requirements would result
in unnecessary hardship and not fulfill the intent of these regulations.
“Waiver” means the relinquishment from sediment and stormwater management requirements
by the appropriate plan approval authority for a specific development on a case-by-case review
“Water Quality” means those characteristics of stormwater runoff from a land disturbing activity
that relate to the chemical, physical, biological, or radiological integrity of water.
“Water Quantity” means those characteristics of stormwater runoff that relate to the rate and
volume of the stormwater runoff to downstream areas resulting from land disturbing activities.
“Watershed” means the total or partial drainage area contributing stormwater runoff to a single
3.0 Exemptions, Waivers, and Variances
3.1 The following activities are exempt from both sediment control and stormwater management
requirements established by these regulations:
3.1.1 Agricultural land management practices, unless the local Conservation District or
the Department determines that the land requires a new or updated soil and water
conservation plan, and the owner or operator of the land has refused either to apply
to a Conservation District for the development of such a plan, or to implement a
plan developed by a Conservation District;
3.1.2 Developments or construction that disturb less than 5,000 square feet;
3.1.3 Land development activities which are regulated under specific State or federal
laws which provide for managing sediment control and stormwater runoff. An example
of this exemption would be specific permits required under the National Pollutant
Discharge Elimination System when discharges are a combination of stormwater
and industrial or domestic wastewater or which must comply with Parts 122, 123,
and 124 of Title 40 of the Code of Federal Regulations. The Department shall ensure
that all land developments which are regulated under specific State or federal laws
are coordinated with delegated plan approval agencies to ensure compatibility of
3.1.4 Projects which are emergency in nature that are necessary to protect life or property
such as bridge, culvert, or pipe repairs and above ground or underground electric
and gas utilities or public utility restoration. The emergency nature of a project may
preclude prior plan review and approval, but subsequent inspection may necessitate
sediment control or site stabilization in accordance with the provisions of this Chapter.
The appropriate plan approval agency shall be notified orally or in writing within 48
hours of the initiation of such emergency activity.
The appropriate plan approval agency shall determine and approve of the emergency
nature of a project. If the nature of the emergency will require more than 120 days
to accomplish construction, formal approval shall be obtained for sediment control
and stormwater management. These activities must still comply with other State,
federal, and local requirements.
3.1.5 Commercial forest harvesting operations that meet the requirements of the
Department of Agriculture under Subchapter VI, Chapter 10, Title 3, of the Delaware
3.2 Appropriate Plan Approval Agencies may grant waivers from the stormwater management
requirements of these regulations for individual developments provided that a written request
is submitted by the applicant containing descriptions, drawings, and any other information
that is necessary to evaluate the proposed development. A separate written waiver request
shall be required if there are subsequent additions, extensions, or modifications which
would alter the approved stormwater runoff characteristics to a development receiving a
3.2.1 A project may be eligible for a waiver of stormwater management for both quantitative
and qualitative control if the applicant can demonstrate that:
220.127.116.11 The proposed project will return the disturbed area to a pre-development
runoff condition and the pre-development cover is unchanged at the
conclusion of the project; or
18.104.22.168 The proposed project consists of a linear disturbance of less than ten (10)
feet in width; or
22.214.171.124 The project is for an individual residential detached unit or agricultural
structure, and the total disturbed area of the site is less than one acre; or
126.96.36.199 The proposed project is for agricultural structures in locations included in
current soil and water conservation plans that have been approved by the
appropriate Conservation District.
3.2.2 A project may be eligible for a waiver or variance of stormwater management for
water quantity control if the applicant can demonstrate that:
188.8.131.52 The proposed project will not generate an increase in the 2-year post-
development peak discharge rate of more than ten (10) percent above the
2-year pre-development peak discharge rate and will have no adverse
impact on the receiving wetland, watercourse, or waterway; or
184.108.40.206 Provisions will be made or exist for a nonerosive conveyance system to
tidewater by either a closed drainage system or by open channel flow that
has adequate capacity to contain the runoff events being considered as a
requirement of these regulations; or
220.127.116.11 The location of a project within a watershed would aggravate downstream
flooding by the imposition of peak control requirements.
3.3 The plan approval agency may grant a written variance from any requirement of these
regulations if there are exceptional circumstances applicable to the site such that strict
adherence to the provisions of these regulations will result in unnecessary hardship and
not fulfill the intent of these regulations. A written request for variance shall be provided to
the plan approval agency and shall state the specific variances sought and the reasons for
their granting. The plan approval agency shall not grant a variance unless and until sufficient
specific reasons justifying the variance are provided by the applicant.
4.0 Departmental Responsibilities
4.1 The Department is responsible for the implementation and supervision of the sediment
and stormwater program which is established by Chapter 40, Title 7, Delaware Code. This
responsibility shall include, but not be limited to, the authority to:
4.1.1 Provide technical and other assistance to Conservation Districts, counties,
municipalities, federal, and State agencies in implementing this Chapter;
4.1.2 Develop and publish, as regulation components, minimum standards, guidelines
and criteria for delegation of sediment and stormwater program components, and
model sediment and stormwater ordinances for use by Conservation Districts,
counties, State agencies, and municipalities;
4.1.3 Review the implementation of all components of the statewide sediment and
stormwater management program that have been delegated to either the
Conservation Districts, counties, municipalities, or other State agencies in reviews
to be accomplished at least once every three years;
4.1.4 Require that appropriate sediment and stormwater management provisions be
included in all new erosion and sediment control plans developed pursuant to
4.1.5 Cooperate with appropriate agencies of the United States or other states or any
interstate agency with respect to sediment control and stormwater management;
4.1.6 Conduct studies and research regarding the causes, effects, and hazards of
stormwater and methods to control stormwater runoff;
4.1.7 Conduct and supervise educational programs with respect to sediment control
and stormwater management;
4.1.8 Require the submission to the Department of records and periodic reports by
Conservation Districts, tax ditch organizations, county, and municipal agencies
as may be necessary to carry out these regulations;
4.1.9 Review and approve designated watersheds;
4.1.10 Establish a maximum life of three years for the validation of approved plans. These
regulations shall specify variances which expand this time limitation in specific
4.1.11 Establish a means of communication, such as a newsletter, so that information
regarding program development and implementation can be distributed to
4.2 Matters of policy, procedures, standards, criteria, approvals, inspection, or enforcement
relating to the Sediment and Stormwater Chapter shall be established by the Department
subject to the jurisdiction of the Secretary of the Department. Sediment and stormwater
programs or portions of programs which are delegated to the Conservation Districts,
counties, municipalities, or State agencies shall include sediment and stormwater criteria
consistent with the standards, procedures, and regulations of the Department.
A variation of requirements by the delegated agency on a specific watershed will not be
valid unless approved by the Department. All State and federal development in the watershed
shall be reviewed subject to the same variations and requirements by the delegated State
agency or Department as appropriate.
4.3 In situations where public notification and comment are required before an action is taken
by the Department, the Regulatory Advisory Committee shall have an opportunity to review
the proposed Departmental action and provide input to the Department regarding the action.
5.0 Criteria for Delegation of Program Elements
5.1 Conservation Districts, counties, municipalities, and State agencies may seek delegation
of four program elements relating to the implementation of the statewide sediment and
stormwater program. Delegation may be granted by the Secretary for review and approval
of sediment and stormwater management plans, inspection during construction, subsequent
maintenance inspection, and education and training. Program elements that are delegated
shall be implemented according to Chapter 40 and these regulations.
5.2 The Secretary, or his designee, shall grant delegation of one or more program elements to
any Conservation District, county, municipality, or State agency seeking delegation that is
found capable of providing compliance with Chapter 40 and these regulations. The final
decision regarding delegation shall be made only after an opportunity has been provided
for public review and comment. Initial consideration regarding delegation of program
elements shall be given to the Conservation Districts. The Conservation Districts, having
unique capabilities and area wide responsibilities are in ideal positions to coordinate and
implement local sediment and stormwater programs.
5.3 Requests for delegation of more than one program element may be accomplished by the
submission of one request for all the elements requested. A concern by the Department
over one element will not jeopardize delegation of other requested program elements.
5.4 To be considered capable of providing compliance with Chapter 40 and these regulations,
applications for delegation of program elements shall contain the following requisite items.
5.4.1 Requests for delegation of plan approval responsibility shall include the following
18.104.22.168 Ordinance or program information detailing the plan approval process,
22.214.171.124 Plan review check lists and plan submission requirements,
126.96.36.199 Sediment and stormwater criteria, including waiver and variance procedures,
that meet minimum standards established by these regulations,
188.8.131.52 Assurance of adequate personnel allocations and expected time frames
for plan review which meet the requirements of Section 8(9), and
184.108.40.206 Assurance that plan reviewers will attend Departmental training programs
in related fields such as wetlands identification, subaqueous permits
5.4.2 Requests for delegation of inspection during construction shall include the following
220.127.116.11 Inspection and referral procedures,
18.104.22.168 Time frames for inspection of active land disturbing activities,
22.214.171.124 Inspection forms,
126.96.36.199 Assurance of adequate personnel allocations or a timetable to obtain
188.8.131.52 Criteria for the Certified Construction Reviewer if utilized, and
184.108.40.206 Procedures and time frames for processing complaints.
5.4.3 Requests for delegation of maintenance inspection responsibility shall include the
220.127.116.11 Inspection and referral procedures,
18.104.22.168 Inspection forms,
22.214.171.124 Time frames, not exceeding one year, for inspection of completed
stormwater management structures, and
126.96.36.199 Assurance of adequate personnel allocation or a timetable to obtain
5.4.4 Requests for delegation of education and training responsibility shall include the
188.8.131.52 Types of educational and training activities to be accomplished,
184.108.40.206 Frequency of activities,
220.127.116.11 Names and backgrounds of those individuals conducting the training, and
18.104.22.168 Procedures and timetables to notify the Department of educational
5.5 A Conservation District, county, municipality, or State agency which has been granted
delegation of one or more program elements may establish alternative requirements which
are compatible with or are more stringent than Departmental requirements. These alternative
requirements may be implemented only when prior Departmental approval has been
granted. These alternative requirements shall apply in lieu of the provisions of these
regulations in the specific program element that has been delegated. Alternative
requirements shall be implemented only after public notice has been provided which would
allow for public review and comment prior to Departmental approval.
5.6 Delegation of authority for one or more program elements may be granted for a maximum
time frame of three years. After three years a new application to the Department must be
made. Over the time frame for which delegation has been granted, the Department will
evaluate delegation implementation, coordinate review findings with the delegated authority,
and determine if the new delegation should be granted.
5.7 A Conservation District, county, municipality, or State agency requesting or renewing
delegation shall submit a written request to the Secretary on or before January 1 of the
year immediately preceding the fiscal year for which delegation or renewal of delegation is
5.8 The Secretary shall, in writing, grant or deny delegation on or before April 1 of the year
during which delegation is sought. The Secretary may not deny a requested delegation
unless opportunity has been afforded to the appropriate officials to present arguments.
Delegation shall be effective July 1 of that year and extend no more than three years,
unless renewed. In the event that the Department does not act on the renewal request by
April 1, the delegated authority submitting the request would be entitled to continue operating
for a subsequent three year time period unless action is taken by the Department to suspend
5.9 If the Secretary determines that a delegated program falls below acceptable standards
established by these regulations, delegation may be suspended after opportunity is afforded
for a hearing. During a period of suspension, the program element shall revert to the
Department for implementation. Funds set aside by a delegated agency, that were collected
through fees established by the plan approval agency, shall be transferred to the Department
for use if delegation is suspended.
5.10 A delegated authority may sub-delegate program elements, with Departmental concurrence,
to a stormwater utility or other responsible entity or agency.
5.11 The Department shall maintain, and make available upon request, a listing of the current
status of delegation for all jurisdictions within the State.
6.0 Plan Approval Fees, Maintenance Fees, and Performance Bonds
6.1 The establishment of plan approval fees, not involving stormwater utilities, shall be in
accordance with the following items:
6.1.1 Delegation of program elements will depend, to a large extent, on funding and
personnel commitments. If the delegated jurisdiction has a source of funding that is
provided through State General or local revenues, then the implementation of the
delegated component will not necessitate the imposition of a plan approval fee to
cover the cost of the delegated program component.
6.1.2 In the event that one component of an overall sediment and stormwater management
program is not funded through the use of general or special funds, a non-refundable
plan approval fee will be collected at the time that the sediment and stormwater
management plan or application for waiver or variance is submitted or approved.
The plan approval fee will provide for the unfunded costs of plan review,
administration and management of the approval agency, construction review,
maintenance inspection, and education and training. The plan review or permit
approval agency, whether delegated or the Department, shall be responsible for
the collection of the plan approval fee.
Unless all program elements in a county or municipality have been delegated to a
single agency, the funds collected not supporting the plan review function shall be
distributed to the appropriate agencies.
6.1.3 The number of needed personnel and the direct and indirect expenses associated
with those personnel shall be developed by the agencies requesting delegation in a
specific jurisdiction in conjunction with and with the concurrence of the Department.
Those expenses will then form the basis for determining unit plan approval costs.
6.1.4 Prior to plan approval, a fee may be assessed by the appropriate plan approval
agency for those activities approved prior to July 1, 1991 for which construction will
initiate after July 1, 1991.
6.1.5 Where the Department becomes the designated plan approval agency, the
Department may assess a plan review and construction review fee. That fee shall
not exceed $80.00 per disturbed acre per project.
6.1.6 The use of Certified Construction Reviewers for sediment control and the submission
of “As Built or Record Document” certification regarding stormwater management
construction may reduce the inspection requirements for the delegated agency but
may not eliminate that inspection requirement. Periodic overview inspections will
still be necessary to ensure construction management.
6.2 The imposition of a financial guarantee, based on existing local authority, may be required
by the plan approval agency to ensure that construction of the stormwater management
practices was accomplished according to the approved sediment and stormwater
management plan. The developer, when required, shall submit to the plan approval agency
a surety or cash bond, or irrevocable letter of credit prior to the issuance of any building or
grading permit for construction of any land disturbing activity that requires a stormwater
The amount of the security shall not exceed 150% of the total estimated construction cost
of the stormwater management facility. The financial guarantee so required shall include
provisions relative to forfeiture for failure to complete work specified in the approved
stormwater management plan, compliance with all the provisions of these regulations,
and other applicable laws and regulations, and any time limitations. The financial guarantee,
fully or partially, shall not be released without a final inspection of the completed work and,
when required, after submission of “As Built or Record Document” plans, and after written
confirmation by the design engineer that construction was accomplished according to the
approved plans. A partial release of the financial guarantee shall be allowed only to the
extent that the work already accomplished would warrant such release.
6.3 A maintenance fee may be required on approvals granted for stormwater management
structures that will be maintained by a Conservation District, county, or municipality. A fee
mechanism shall be established prior to the final release of any required financial guarantee
or final approval of the completed stormwater management structure by the designated
construction review agency.
7.0 Criteria for Implementation of a Stormwater Utility
The implementation of a stormwater utility will necessitate the development of a local utility
ordinance prior to its implementation. There are essential components that an ordinance must
contain to function as a funding mechanism for stormwater management and those components
shall include, but not be limited to, the following items:
7.1 The financing of a stormwater utility with a user charge system must be reasonable and
equitable so that each user of the stormwater system pays to the extent to which the user
contributes to the need for the stormwater system, and that the charges bear a substantial
relationship to the cost of the service. The use of county and municipal taxpayer rolls and
accounting systems are allowed for the assessment and collection of fees.
7.2 The intent of the utility must be clearly defined regarding program components that are to
be funded through the utility. Those components may include but not be limited to the
7.2.1 Preparation of long range watershed master plans for stormwater management,
7.2.2 Annual inspections of all stormwater management facilities, both public and private,
7.2.3 Undertaking regular maintenance, through contracting or other means, of stormwater
management structures that have been accepted for maintenance,
7.2.4 Plan review and inspection of sediment control and stormwater management plans
and practices, and
7.2.5 Retrofitting designated watersheds, through contracting or other means, to reduce
existing flooding problems or to improve water quality.
7.3 The authority for the creation of the stormwater utility and the imposition of charges to
finance sediment and stormwater activities is conferred in Chapter 40, Title 7, Delaware
Code. The application of a stormwater utility by means of a local ordinance shall not be
deemed a limitation or repeal of any other powers granted by State statute.
7.4 The creation of a stormwater utility shall include the following components:
7.4.1 The boundaries of the utility, such as watersheds or jurisdictional boundaries as
identified by the local governing body,
7.4.2 The creation of a management entity,
7.4.3 Identification of stormwater problems,
7.4.4 Method for determining utility charges,
7.4.5 Procedures for investment and reinvestment of funds collected, and
7.4.6 An appeals or petition process.
7.5 As established by local ordinance, the local governing agency shall have responsibility for
implementing all aspects of the utility including long range planning, plan implementation,
capital improvements, maintenance of stormwater facilities, determination of charges, billing,
and hearing of appeals and petitions. The local agency also will have responsibility for
providing staff support for utility implementation
In the event that an agency or department other than the one in which the utility is located
is best equipped to undertake a particular task, the local governing agency shall ensure
that appropriate interagency charges are determined such that all costs of stormwater
management are reflected in the utility budget and that utility charges finance all aspects
of stormwater management.
7.6 With respect to new stormwater management facilities constructed by private developers,
the local governing agency shall develop criteria for use in determining whether these will
be maintained by the utility or by the facility owner. Such criteria may include whether the
facility has been designed primarily to serve residential users and whether it has been
designed primarily for purposes of stormwater management. In situations where it is
determined that public maintenance is not preferable, standards shall be developed to
ensure that inspection of facilities occurs annually and that facilities are maintained as
7.7 The use of charges is limited to those purposes for which the utility has been established,
including but not limited to: planning; acquisition of interests in land including easements;
design and construction of facilities; maintenance of the stormwater system; billing and
administration; and water quantity and water quality management, including monitoring,
surveillance, private maintenance inspection, construction inspection, and other activities
which are reasonably required.
8.0 Plan Application and Approval Process
8.1 After July 1, 1991, unless a particular activity is exempted by these regulations, a person
may not disturb land without an approved sediment and stormwater management plan
from the appropriate plan approval agency. A grading or building permit may not be issued
for a property unless a sediment and stormwater management plan has been approved
that is consistent with the following items:
8.1.1 Chapter 40,Title 7, Delaware Code, relating to erosion and sediment control and
8.1.2 These regulations, or duly adopted county or municipal ordinances that are adopted
as a part of the delegation process and relate to the intent of these regulations.
8.2 A sediment and stormwater management plan or an application for a waiver shall be
submitted to the appropriate plan approval agency by the developer for review and approval
for a land disturbing activity, unless otherwise exempted. The sediment and stormwater
management plan shall contain supporting computations, drawings, and sufficient
information describing the manner, location, and type of measures in which stormwater
runoff will be managed from the entire development. The appropriate plan approval agency
shall review the plan to determine compliance with the requirements of these regulations
prior to approval. The approved sediment and stormwater management plan shall serve
as the basis for water quantity and water quality control on all subsequent construction.
8.3 The sediment and stormwater management plan shall not be considered approved without
the inclusion of an approval stamp with signature and date, on the plans by the appropriate
plan approval agency.
8.4 All sediment and stormwater management plans submitted for approval shall contain
certification by the owner or developer that clearing, grading, construction, or development
will be accomplished pursuant to the plan and that responsible personnel involved in the
land disturbance will have a Certification of Training at a Departmental sponsored or
approved training program for the control of erosion and sediment control before initiation
of the project. The Certification of Training for responsible personnel requirement may be
waived by the appropriate plan approval agency on any project involving silviculture or
fewer than four residential homes.
8.5 All sediment and stormwater management plans shall contain certification by the owner or
developer of the right of the Department or delegated inspection agency to conduct on-site
8.6 A grading or building permit issued by a local jurisdiction may be suspended or revoked
after written notice is given to the permittee by the responsible delegated agency or the
Department for any of the following reasons:
8.6.1 Violations of the conditions of the sediment and stormwater management plan
8.6.2 Changes in site runoff characteristics upon which a waiver was granted;
8.6.3 Construction not in accordance with the approved plans;
8.6.4 Noncompliance with correction notice or stop work order issued for the construction
of the sediment control practices or the stormwater management facilities;
8.6.5 An immediate danger exists in a downstream area in the opinion of the appropriate
plan approval or inspection agency, or the Department; or
8.6.6 Failure to submit stormwater management “As Built or Record Document” plans,
when required, at the completion of the project.
8.7 Approved plans remain valid for 3 years from the date of an approval, unless specifically
extended or renewed by the appropriate plan approval agency. The basis for extension or
renewal may include, but not limited to, the following items:
8.7.1 Failure to initiate the approved project for reasons acceptable to the appropriate
plan approval agency such as funding or other agency permit delays; or
8.7.2 Time duration for a type of activity that typically exceeds three years.
8.8 Projects which have been approved prior to July 1, 1991, and where site clearing has not
been initiated on the project within two years, shall be resubmitted to the appropriate plan
approval agency for review and approval subject to the requirements of these regulations.
8.9 Upon receipt of a completed application for sediment and stormwater management, the
appropriate plan approval agency shall accomplish its review within 30 calendar days, and
have either the approval or review comments transmitted to the applicant. If that 30 day
time frame cannot be met, the appropriate plan approval agency shall notify the applicant
of the reasons for delay, and an expected time frame not to exceed an additional 30 days,
when that review will be accomplished.
9.0 Criteria for Designated Watersheds
The concept of designated watersheds is intended, not only to prevent existing water quantity
and water quality problems from getting worse, but also to reduce existing flooding problems and
to improve existing water quality or meet State Water Quality Standards in selected watersheds.
Criteria is established for designated watersheds and that criteria will depend on whether the
specific problems of the watershed are water quantity or water quality oriented. Water quantity
and water quality concerns will be considered in all designated watersheds, but the overall emphasis
for each designated watershed will depend on its existing and anticipated problems.
9.1 To initiate consideration of a watershed for Designated Watershed or Subwatershed status,
a watershed shall be recommended by a Conservation District, county, municipality, or
State agency, to the Department. Upon recommendation to the Department, all involved
agencies at the local level will be contacted and their input received prior to any watershed
study being initiated.
9.2 Included with the recommendation of a watershed for Designated Watershed or
Subwatershed status to the Department shall be an identification of the specific problems
that exist in the watershed so that the pursuit of a watershed study is warranted. Inclusion
in these regulations as a Designated Watershed or Subwatershed requires approval by
the Department that a significant water quantity or water quality problem exists that would
necessitate this joint State, District, and local government involvement. Also, inclusion of a
watershed as a Designated Watershed or Subwatershed will necessitate a public hearing
process. The process of problem identification shall be based on the following information:
9.2.1 To initiate a watershed study based on water quality considerations the following
information must be submitted:
22.214.171.124 Existing water quality data that has been collected as a result of the overall
statewide water quality inventory process, or
126.96.36.199 Other water quality data collected through specific sampling that was
accomplished in the watershed, or
188.8.131.52 Submission of a water quality assessment that was accomplished using a
qualitative collection method of benthic macroinvertebrates.
9.2.2 To initiate a watershed study based on flooding or water quantity considerations the
following information must be submitted:
184.108.40.206 Estimated annual flood damage to either private, residential, commercial,
industrial, or public properties, or
220.127.116.11 Number of residences or industries in the floodplain, or
18.104.22.168 The history of flooding in the watershed, or
22.214.171.124 Measures already taken to minimize or reduce flooding, or
126.96.36.199 Dangers to public health and welfare.
9.3 Upon modification of these regulations to include a watershed as a Designated Watershed
or Subwatershed an advisory group will be established that will guide the overall watershed
study. The advisory group will be appointed by the Secretary and will include State, District,
and local representatives in addition to representatives of the regulated community and
others affected by the results of the study.
9.4 The general components contained in the actual watershed studies shall be the following
9.4.1 Stormwater quantity or water quality problem identification,
9.4.2 The overall needs of the watershed including the additional impacts of new
9.4.3 Alternative approaches to address the existing and future problems,
9.4.4 A selected approach that includes the overall costs and benefits,
9.4.5 Schedule for implementation,
9.4.6 Funding sources that are available for the actual implementation of study
9.4.7 A public hearing process prior to final Departmental approval.
9.5 The following goals are to be obtained through the implementation of the Designated
Watershed or Subwatershed program:
9.5.1 Reduction of existing flooding or water quality impacts,
9.5.2 Prevention of future flooding or water quality impacts, and
9.5.3 Minimization of economic and social losses.
9.6 Specific plan components of a water quality watershed study shall include, but not be
limited to, the following items:
9.6.1 The limits of the watershed,
9.6.2 An inventory of existing water quality data,
9.6.3 An inventory of areas having significant natural resource value as defined in existing
State or local studies as they may be impacted by the construction or location of
stormwater control structures,
9.6.4 An inventory of areas of historical and archaeological value identified in existing
State or local studies as they may be impacted by the construction or location of
stormwater control structures,
9.6.5 A map or series of maps of the watershed showing the following information:
188.8.131.52 watershed topography,
184.108.40.206 Significant geologic formations,
220.127.116.11 Soils information,
18.104.22.168 Existing land use based on existing zoning,
22.214.171.124 Proposed land use based on expected zoning or comprehensive plans,
126.96.36.199 Location of tidal and nontidal wetlands, and
188.8.131.52 Locations where water quality data were obtained.
9.6.6 An evaluation of water quantity concerns so that flooding does not become a problem
in the watershed.
9.7 Specific components of a water quantity based study shall include, but not be limited to,
the following items:
9.7.1 The limits of the watershed,
9.7.2 An inventory of historic flood damage sites, including frequency and damage
9.7.3 An inventory of areas of significant natural resource value as noted in existing State
and local studies as they may be impacted by the construction or location of
stormwater control structures,
9.7.4 An inventory of areas of historical and archaeological value identified in existing
State and local studies as they may be impacted by the construction or location of
stormwater control structures,
9.7.5 A map or series of maps of the watershed showing the following information:
184.108.40.206 watershed topography,
220.127.116.11 Soils information,
18.104.22.168 Existing land use based on existing zoning,
22.214.171.124 Proposed land use based on expected zoning or comprehensive plans,
126.96.36.199 Locations of tidal and nontidal wetlands,
188.8.131.52 Locations of existing flooding problems including floor and corner elevations
of structures already impacted, and
184.108.40.206 100 year floodplain delineations, water surface profiles, and storm
hydrographs at selected watershed location.
9.7.6 An evaluation of water quality concerns so that water quality degradation does not
become a problem in the watershed.
9.8 The initiation of studies for Designated Watersheds or Subwatersheds depends on the
availability of funding for the study. Once a watershed has been designated, the Department
will make every effort to secure funding through federal, State, or local means.
9.9 The Department is designated as the agency responsible for administering designated
watershed or subwatershed studies with the advice of the advisory group appointed by the
Secretary. Recommendations based on the results of the watershed study will only be
made with the overall consent of the advisory group.
9.10 The formal results of the Designated Watershed or Subwatershed study will require formal
acceptance by the local Conservation District Board of Supervisors and the local governing
body of the appropriate county or municipality.
9.11 Implementation of the results of the Designated Watershed or Subwatershed study will
necessitate the development and implementation of a dedicated funding source such as a
stormwater utility to ensure design, construction, and maintenance of needed structures is
9.12 Those watersheds or subwatersheds designated due to existing water quantity or water
quality problems include the following:
9.12.1 Dover/Silver Lake/St. Jones River and all drainage areas upstream of the Silver
10.0 Specific Design Criteria and Minimum Standards and Specifications
10.1 General submission requirements for all projects requiring sediment and stormwater
management approval include the following information:
10.1.1 A standard application form,
10.1.2 A vicinity map indicating north arrow, scale, and other information necessary to
locate the property or tax parcel,
10.1.3 A plan at an appropriate scale accompanied by a design report and indicating at
10.1.3.1 Name and address of:
10.1.3.1.1 The owner of the property where the project is proposed;
10.1.3.1.2 The land developer; and
10.1.3.1.3 The applicant.
10.1.3.2 The existing and proposed topography, as required on a case by case
10.1.3.3 The proposed grading and earth disturbance including:
10.1.3.3.1 Surface area involved; and
10.1.3.3.2 Limits of grading including limitation of mass clearing and
grading whenever possible.
10.1.3.4 Stormwater management and stormwater drainage computations,
10.1.3.4.1 Pre- and post-development velocities, peak rates of
discharge, and inflow and outflow hydrographs of
stormwater runoff at all existing and proposed points of
discharge from the site,
10.1.3.4.2 Site conditions around points of all surface water discharge
including vegetation and method of flow conveyance from
the land disturbing activity, and
10.1.3.4.3 Design details for structural controls.
10.1.3.5 Erosion, sediment control, and stormwater management provisions
10.1.3.5.1 Provisions to preserve top soil and limit disturbance;
10.1.3.5.2 Details of site grading, and;
10.1.3.5.3 Design details for structural controls which includes
diversions and swales.
10.1.4 Federal Emergency Management Agency flood maps and federal and State
protected wetlands, where appropriate.
10.1.5 The appropriate plan approval agency shall require that plans and design reports
be sealed by a qualified design professional that the plans have been designed in
accordance with approved sediment and stormwater ordinances, regulations,
standards and criteria. The appropriate plan approval agency may waive this
requirement on a case by case basis.
10.1.6 Additional information necessary for a complete project review may be required
by the appropriate plan approval agency as deemed appropriate. This additional
information may include items such as public sewers, water lines, septic fields,
10.2 Specific requirements for the erosion and sediment control portion of the sediment and
stormwater management plan approval process include, but are not limited to, the following
items. The appropriate plan approval agency may modify the following items for a specific
project or type of project. Modification for a specific type of project will require the
concurrence of the Department before that modification may be applied and that modification
shall be subject to public review and comment prior to adoption.
10.2.1 All plans shall include details of temporary and permanent stabilization measures
including placement of the following statement on all plans submitted for approval.
Following soil disturbance or redisturbance, permanent or temporary stabilization
shall be completed within 14 calendar days as to the surface of all perimeter
sediment controls, topsoil stockpiles, and all other disturbed or graded areas on
the project site.
These requirements do not apply to those areas which are shown on the plan and
are currently being used for material storage, or for those areas on which actual
earth moving activities are currently being performed.
10.2.2 All plans shall be consistent with the standards and specifications contained in
the Delaware Erosion and Sediment Control Handbook, and approved
supplements. The supplements shall be subject to public review and comment
prior to their incorporation in the Erosion and Sediment Control Handbook.
10.2.3 A sequence of construction shall be contained on all plans describing the
relationship between the implementation and maintenance of sediment controls,
including permanent and temporary stabilization and the various stages or phases
of earth disturbance and construction. The sequence of construction shall, at a
minimum, include the following activities:
10.2.3.1 Clearing and grubbing for those areas necessary for installation of
10.2.3.2 Construction of perimeter controls;
10.2.3.3 Remaining clearing and grubbing;
10.2.3.4 Road grading;
10.2.3.5 Grading for the remainder of the site;
10.2.3.6 Utility installation and whether stormdrains will be used or blocked until
after completion of construction;
10.2.3.7 Final grading, landscaping, or stabilization; and
10.2.3.8 Removal of sediment controls.
10.2.4 The plans shall contain a description of the predominant soil types on the site, as
described by the appropriate soil survey information available through the local
10.2.5 Unless an exception is approved on a case by case basis or an exception is
approved for a specific type of activity by the appropriate plan approval agency,
not more than 20 acres may be cleared at any one time. Once grading is initiated
in one 20 acre section, a second 20 acre section may have stumps, roots, brush,
and organic material removed. This will necessitate the phasing of construction
on sites in excess of 20 acres to minimize areas exposed of ground cover and
reduce erosion rates. Grading of the second 20 acre section may not proceed
until temporary or permanent stabilization of the first 20 acre section is
10.3 Specific requirements for the permanent stormwater management portion of the sediment
and stormwater management plan approval process include, but are not limited to, the
following items. The appropriate plan approval agency may modify the following items for
a specific project or type of project. Modification for a specific type of project will require
the concurrence of the Department before the modification may be applied and the
modification for a type of project shall be subject to public review and comment.
10.3.1 It is the overall goal of the Department to utilize stormwater management on a as
a means to minimize water quantity and water quality impacts due to land disturbing
activities and to mimic pre-development hydrology, to the maximum extent
practicable, in regards to the rate, volume and duration of flow. These regulations
will provide general design requirements that must be adhered to in the absence
of Designated Watershed or Subwatershed specific criteria.
10.3.2 All hydrologic computations shall be accomplished using the methodologies from
the most recent U.S.D.A. Natural Resources Conservation Service Technical
Releases 20 or 55, or other methods as approved by the Department. The storm
duration for computational purposes shall be the 24 hour rainfall event. For projects
south of the Chesapeake and Delaware Canal, the Delmarva Unit Hydrograph
shall be incorporated into the design procedure.
10.3.3 Stormwater management requirements for a specific project shall be based on
the entire area to be developed, or if phased, the initial submittal shall control that
area proposed in the initial phase and establish a procedure and obligation for
total site control.
10.3.4 Water quantity control is an integral component of overall stormwater management.
Control of peak discharges will, to some extent, prevent increases in flooding.
The following design criteria for peak flow control is established for water quantity
control purposes, unless a waiver is granted based on a case-by-case basis:
10.3.4.1 Projects in New Castle County that are located north of the Chesapeake
and Delaware Canal shall not exceed the post-development peak
discharge for the 2, 10, and 100 year frequency storm events at the
pre-development peak discharge rates for the 2, 10, and 100 year
frequency storm events.
10.3.4.2 Projects in New Castle County that are located south of the Chesapeake
and Delaware Canal, Kent County, and Sussex County shall not exceed
the post-development peak discharge for the 2 and 10 year frequency
storm events at the pre-development peak discharge rates for the 2
and 10 year frequency storm events.
10.3.4.3 Watersheds, other than Designated Watersheds or Subwatersheds, that
have well documented water quantity problems may have more
stringent, or modified, design criteria that is responsive to the specific
needs of that watershed. Modified criteria for that watershed must receive
Departmental approval, and all projects reviewed and approved by the
appropriate plan approval agency shall meet or exceed the modified
criteria. Proposed modification of criteria for a watershed shall be subject
to public review and comment prior to implementation.
10.3.5 Water quality control is also an integral component of stormwater management.
Control of runoff from small, frequent rainfall events on-site will minimize further
degradation of downstream water quality and habitat. The following design criteria
are established for water quality protection unless a waiver or variance is granted
on a case-by-case basis.
10.3.5.1 In general, the preferred option for water quality protection shall be
those practices collectively referred to as “Green Technology BMP’s”.
Other practices shall be considered only after preferred practices have
been eliminated for engineering or hardship reasons as approved by
the appropriate plan approval agency.
10.3.5.2 Water quality practices shall be designed to manage the rate and volume
of flow from the 2.0" NRCS Type II rainfall event, up to a maximum of
1.0" of runoff.
10.3.5.3 Alternative stormwater quality practices may be acceptable to the
Department and/ or the plan approval agency if the removal efficiency
for suspended solids meets or exceeds 80% as demonstrated by
scientifically independent evaluation and monitoring performance data.
10.3.5.4 The Department and/or the plan approval agency may require other
acceptable stormwater quality practices if a receiving waterbody has
been identified as impaired, or designated with a specific pollutant
reduction target necessary to meet State of Delaware water quality
10.3.5.5 Water quality practices may also be acceptable to the Department and/
or the plan approval agency if they are designed to reduce pollutant
loading from a specific post-development source. The Department and/
or the plan approval agency will determine if this criterion for water
quality Best Management Practices is appropriate.
10.3.5.6 The Department will develop policy and maintain documentation related
to the performance of water quality practices. The Department will also
provide guidance for the design, appropriate use and required
maintenance of water quality practices. These shall include structural
and non-structural practices in addition to source reduction management
10.3.5.7 The Department and/or the plan approval agency will review the specific
water quality practices proposed in a Sediment and Stormwater
Management Plan, and review, approve or deny approval of the plan
based on the criteria specified in Section 10.3.5 of these regulations.
10.3.6 All ponds that are constructed for stormwater management shall be designed and
constructed in accordance with the U.S.D.A. Soil Conservation Service Small
Pond Code 378, dated September, 1990, as approved for use in Delaware.
10.3.7 Any pond utilized for water supply purposes, or for irrigation, must obtain approval
from the Department for that use pursuant to Chapter 60.
10.3.8 Where ponds are the proposed method of control, the developer shall submit to
the approving agency, when required, an analysis of the impacts of stormwater
flows downstream in the watershed for the 100 year frequency storm event.
The analysis shall include hydrologic and hydraulic calculations necessary to
determine the impact of hydrograph timing modifications of the proposed
development, with and without the pond, on downstream dams, highways,
structures, or natural points of constricted streamflows past which the timing effects
would be considered negligible. The results of the analysis will determine the
need to modify the pond design or to eliminate the pond requirement. Lacking a
clearly defined downstream point of constriction, the downstream impacts shall
be established, with the concurrence of the approving agency, downstream of a
tributary of the following size:
10.3.8.1 The first downstream tributary whose drainage area equals or exceeds
the contributing area to the pond; or
10.3.8.2 The first downstream tributary whose peak discharge exceeds the largest
designed release rate of the pond.
10.3.9 Where existing wetlands are intended as a component of an overall stormwater
management system, the following criteria shall be adhered to:
10.3.9.1 The only disturbance to the wetland, for the purposes of these
regulations, shall be that disturbance caused by the stormwater
management pond embankment placement and construction; or
10.3.9.2 The applicant can demonstrate that the intended or functional aspects
of the stormwater management facility and wetlands are maintained or
enhanced, or the construction in the wetland for stormwater management
is the only reasonable alternative.
10.3.9.3 All other necessary State and federal permits can be obtained.
10.3.10 Designs shall be in accordance with standards developed or approved by the
Department, which are subject to public review and comment.
10.3.11 Ease of maintenance must be considered as a site design component. Access to
the stormwater management structure must be provided for in the design, and
land area adjacent to the structure must be set aside for disposal of sediments
removed from the structure when maintenance is performed. The land set aside
for pond maintenance shall be sized as follows:
10.3.11.1 The set aside area shall accommodate at least 2% of the stormwater
management basin volume to the elevation of the 2 year storage
10.3.11.2 The maximum depth of the set aside volume shall be one foot;
10.3.11.3 The slope of the set aside area shall not exceed 5%; and
10.3.11.4 The area and slope of the set aside area may be modified if an
alternative area or method of disposal is approved by the appropriate
plan approval agency.
10.3.12 A clear statement of defined maintenance responsibility shall be established during
the plan review and approval process.
10.3.13 All ponds shall have a forebay or other design feature to act as a sediment trap. A
reverse slope bench must be provided one foot above the normal pool elevation
for safety purposes and all embankment ponds, having a normal pool, shall have
a drain installed to facilitate maintenance.
10.3.14 The use of infiltration practices for the disposal of stormwater runoff is classified
by the USEPA as an underground injection control practice, class V injection well.
The appropriate plan approval agency shall forward a copy of all such approvals
and the results of all construction inspections to the Department’s Underground
Injection Control program manager.
10.3.15 Infiltration practices have certain limitations on their use on certain sites. These
limitations include the following items:
10.3.15.1 Areas draining to these practices must be stabilized and vegetative
filters established prior to runoff entering the system. Infiltration
practices shall not be used if a suspended solids filter system does
not accompany the practice. If vegetation is the intended filter, there
shall be, at least, a 20 foot length of vegetative filter prior to stormwater
runoff entering the infiltration practice;
10.3.15.2 The bottom of the infiltration practice shall be at least three feet above
the seasonal high water table, whether perched or regional, determined
by direct piezometer measurements which can be demonstrated to
be representative of the maximum height of the water table on an
annual basis during years of normal precipitation, or by the depth in
the soil at which mottling first occurs;
10.3.15.3 The infiltration practice shall be designed to completely drain of water
within 48 hours.
10.3.15.4 Soils must have adequate permeability to allow water to infiltrate.
Infiltration practices are limited to soils having an infiltration rate of at
least 1.02 inches per hour.
Initial consideration will be based on a review of the appropriate soil
survey, and the survey may serve as a basis for rejection. On-site soil
borings and textural classifications must be accomplished to verify
the actual site and seasonal high water table conditions when infiltration
is to be utilized.
10.3.15.5 Infiltration practices greater than three feet deep shall be located at
least 20 feet from basement walls;
10.3.15.6 Infiltration practices designed to handle runoff from impervious parking
areas shall be a minimum of 150 feet from any public or private water
10.3.15.7 The design of an infiltration practice shall provide an overflow system
with measures to provide a non-erosive velocity of flow along its length
and at the outfall; and
10.3.15.8 The slope of the bottom of the infiltration practice shall not exceed
five percent. Also, the practice shall not be installed in fill material as
piping along the fill/natural ground interface may cause slope failure.
10.3.15.9 Unless allowed on a specific project, infiltration practices will be used
primarily for water quality enhancement only.
10.3.15.10 An infiltration practice shall not be installed on or atop a slope whose
natural angle of incline exceeds 20%.
10.3.16 A regional approach to stormwater management is an acceptable alternative to
site specific requirements. As a substitute control practice, regional stormwater
management structures shall be required to meet the following items:
10.3.16.1 They shall have a contributory drainage area not in excess of 400
acres unless, on a case by case basis, a larger drainage area is
approved by the appropriate plan approval agency;
10.3.16.2 They shall have a permanent pool of water and provide for 24 hour
detention of the first inch of stormwater runoff from the entire upstream
10.3.16.3 All other necessary approvals have been obtained that could be cause
for site rejection.
10.3.17 The pre-development peak discharge rate shall be computed assuming that all
land uses in the site to be developed are in good hydrologic condition.
11.0 Standard Plan Criteria
11.1 Approval under this section involves submission of a standard plan by a land owner,
developer, or agent to the appropriate plan approval agency. The minimum criteria for the
standard plan will be developed by the Department, and may be expanded upon by the
appropriate plan approval agency. The standard plan will contain standard conditions for
erosion and sediment control that must be implemented on sites where a detailed plan is
not required. The appropriate plan approval agency shall approve or deny standard plan
requests within 14 calendar days of receipt.
11.2 The inclusion of an activity into the standard plan classification does not relinquish that
activity from the requirements of Chapter 40. Rather, the standard plan precludes that
activity from the necessity of a detailed plan review for each individual project.
11.3 Approval of a standard plan does not relieve the applicant from the conditions that are a
part of the standard plan approval regarding the implementation of control practices as
required by the standard plan. Failure to implement control practices pursuant to conditions
included in the general permit standard plan may necessitate appropriate enforcement
action as provided in Chapter 40 and these regulations.
11.4 Those activities eligible for standard plans include the following, when the stormwater
management requirements have been waived in accordance with Section 3 of these
11.4.1 Individual detached residential home or agricultural structure construction where
the disturbed area for construction will be less than one acre in size. Two or more
contiguous lots being developed concurrently by the same land developer will not
be eligible for the general permit standard plan.
11.4.2 Highway shoulder and side swale maintenance.
11.4.3 The repair, maintenance, and installation of above and underground utilities.
11.4.4 Minor Commercial, Institutional, and industrial projects where the total disturbed
area will be less than one acre.
11.4.5 Modification or reconstruction of a tax ditch by a tax ditch organization when that
tax ditchis not intended to serve new development, and which will not increase
water quantity or adversely impact water quality, or change points of discharge so
as to adversely affect the waters of the State.
11.5 The appropriate plan approval agency may place more restrictive conditions upon the
standard plan approval including the requirement for detailed plans for any standard plan
category. The imposition of more specific requirements for categories of projects shall be
approved by the Department, and shall be subject to public review and comment prior to
12.0 Certified Construction Reviewer Requirements
12.1 Projects reviewed and approved by the Department for sediment control and stormwater
management, in general, shall have a certified construction reviewer when the disturbed
area of the project is in excess of 50 acres. In addition any project, regardless of its size,
may be required by the Department, or the appropriate plan approval agency, to have a
certified construction reviewer on a case by case basis.
12.2 The Department or the appropriate inspection agency may require that any project, already
under construction, have on site a certified construction reviewer if, on that project, significant
sediment control or stormwater management problems necessitate more frequent
12.3 The certified construction reviewer shall function under the direction of a registered
professional engineer licensed to practice engineering in the State of Delaware.
12.4 Individuals designated as certified construction reviewers shall attend and pass a
Departmental sponsored or approved construction review training course. The course
content will contain, at a minimum, information regarding the following items:
12.4.1 Basic hydrology and hydraulics;
12.4.2 Soils information including texture, limitations, erodibility, and classifications;
12.4.3 Types of vegetation, growing times, and suitability;
12.4.4 Erosion, sediment control, and stormwater management practices;
12.4.5 Inspection and problem referral procedures;
12.4.6 Aspects of State law, regulations, local ordinances, and approval procedures: and
12.4.7 Sediment and stormwater management plan content.
12.5 The time frame for certification shall not exceed five years unless extended by the
12.6 The responsibility of the certified construction reviewer will be to ensure the adequacy of
construction pursuant to the approved sediment and stormwater management plan.
12.7 The certified construction reviewer shall be responsible for the following items:
12.7.1 Provision of a construction review of active construction sites on at least a weekly
12.7.2 Within five calendar days, informing the person engaged in the land disturbing
activity, and the contractor, by a written construction review report of any violations
of the approved plan or inadequacies of the plan. The plan approval agency shall
be informed, if the approved plan is inadequate, within five working days. In addition,
the appropriate construction review agency shall receive copies of all construction
review reports; and
12.7.3 Referral of the project through the delegated inspection agency to the Department
for appropriate enforcement action if the person engaged in the land disturbing
activity fails to address the items contained in the written construction review
report. Verbal notice shall be made to the Department within two working days
and written notice shall be provided to the Department within five working days.
12.8 If the Secretary or his designee determines that a certified construction reviewer is not
providing adequate site control or is not referring problem situations to the Department,
the Secretary or his designee may suspend or revoke the certification of the construction
12.9 In any situation where a certified construction reviewer’s approval is being suspended or
revoked, an opportunity for hearing before the Secretary or his designee shall be provided.
During any suspension or revocation, the certified construction reviewer shall not be allowed
to provide construction reviews pursuant to these regulations. The minimum time of
suspension or revocation shall be 6 months.
13.0 Contractor Certification Program
13.1 The Department shall require certification of responsible personnel for any foreman or
superintendent who is in charge of on-site clearing and land disturbing activities for sediment
and stormwater control associated with a construction project. Responsible personnel are
not required on any project involving silvaculture or fewer than four residential homes.
Responsible personnel shall obtain certification by completing a Department sponsored or
approved training program. Enrollment of existing and future responsible personnel is the
responsibility of employers. Response to a Department notice of training and certification
in accordance with the provisions of item 3 of this section shall serve as an application for
training. The Department shall notify employers of responsible personnel as to the date
and location of training programs for attendance by responsible personnel and other
13.2 After July 1, 1991, any applicant seeking sediment and stormwater plan approval shall
certify to the appropriate plan approval agency that all responsible personnel involved in
the construction project will have a certificate of attendance at a Departmental sponsored
or approved training course for the control of sediment and stormwater before initiation of
any land disturbing activity. The certificate of attendance shall be valid until the Department
notifies the individual or announces in local newspapers that recertification is required due
to a change in course content.
13.3 After July 1, 1991, employers of responsible personnel may receive interim certification for
responsible personnel during the period before attendance at a Departmental sponsored
or approved training course by submitting an enrollment form to the Department. Interim
certification shall be valid until the scheduled date of attendance for training of responsible
personnel. These enrollment forms are available from the Department and the Conservation
14.0 Construction Review and Enforcement Requirements
14.1 The land developer shall request, at least 24 hours ahead of time, that the appropriate
inspection agency approve work completed at the stages of construction outlined in the
sequence of construction contained on the approved plans. Any portion of the work which
does not comply will be promptly corrected by the developer after written notice by the
appropriate inspection agency. The notice shall set forth the nature of corrections required
and the time frame within which corrections must be made.
14.2 The land developer shall notify the appropriate inspection agency before initiation of
construction and upon project completion when a final inspection will be conducted to
ensure compliance with the approved sediment and stormwater management plan.
14.3 The responsible inspection agency shall, for inspection purposes, do all of the following
14.3.1 Ensure that the approved sediment and stormwater management plans are on
the project site and are complied with;
14.3.2 Ensure that every active site is inspected for compliance with the approved plan
on a regular basis;
14.3.3 Prepare and leave on site, or forward to the contractor, a written report after every
inspection that describes:
220.127.116.11 The date and location of the site inspection;
18.104.22.168 Whether the approved plan has been properly implemented and
22.214.171.124 Approved plan or practice deficiencies; and
126.96.36.199 The action taken.
14.3.4 Notification of on-site personnel or the owner/developer in writing when violations
are observed, describing the:
188.8.131.52 Nature of the violation;
184.108.40.206 Required corrective action; and
220.127.116.11 Time period for violation correction.
14.4 The Department may investigate complaints or refer any complaint received to the local
inspection agency if the activity is located in a jurisdiction that has received delegation of
sediment and stormwater management inspection. In conjunction with a referral, the
Department may also initiate an on-site investigation after notification of the local inspection
agency in order to properly evaluate the complaint. The Department shall take enforcement
action when appropriate, and notify the local inspection agency in a timely manner of any
enforcement actions taken.
14.5 The Department, at its discretion and upon notification to either the owner, developer, or
contractor, may visit any site to determine the adequacy of sediment and stormwater
management practices. In the event that the Department conducts site inspections, the
appropriate inspection agency shall be notified prior to the initiation of any enforcement
action. The appropriate inspection agency shall establish a time frame to obtain site
compliance. This notification shall, in no way limit the right to the Department to take action
subsequent to any provision of these regulations or Chapter. Formal procedures for
interaction between the Department and the appropriate inspection agency on site inspection
and referral will be developed on an individual basis.
14.6 The appropriate plan approval agency may require a revision to the approved plans as
necessary due to differing site conditions. The appropriate plan approval agency shall
establish guidelines to facilitate the processing of revised plans where field conditions
necessitate plan modification. Where changes to the approved plan are necessary those
changes shall be in accordance to the following:
14.6.1 Major changes to approved sediment and stormwater management plans, such
as the addition or deletion of a sediment basin, shall be submitted by the owner/
developer to the appropriate plan approval agency for review and approval.
14.6.2 Minor changes to sediment and stormwater management plans may be made in
the field if approved by the construction reviewer and documented in the field
review report. The appropriate inspection agency shall develop a list of allowable
field modifications for use by the construction reviewer.
14.7 Stormwater management construction shall have inspections accomplished at the following
14.7.1 Infiltration practices shall be inspected at the commencement, during, and upon
completion of construction;
14.7.2 All ponds shall be inspected at the following stages:
18.104.22.168 Upon completion of excavation to sub-foundation and where required,
installation of structural supports or reinforcement for structures,
including, but not limited to;
22.214.171.124.1 Core trenches for structural embankments,
126.96.36.199.2 Inlet-outlet structures and anti-seep structures, watertight
connectors on pipes, and
188.8.131.52.3 Trenches for enclosed storm drainage facilities.
184.108.40.206 During placement of structural fill, concrete, and installation of piping
and catch basins;
220.127.116.11 During backfill of foundations and trenches;
18.104.22.168 During embankment construction; and
22.214.171.124 Upon completion of final grading and establishment of permanent
14.8 The agency responsible for construction review may, in addition to local enforcement options,
refer a site violation to the Department for additional enforcement action.
14.9 Referral of a site violation to the Department may initiate a Departmental construction
review of the site to verify site conditions. That construction review may result in the following
14.9.1 Notification through appropriate means to the person engaged in a land disturbing
activityand the contractor to comply with the approved plan within a specified time
14.9.2 Notification of plan inadequacy, with a time frame for the person engaged in a
land disturbing activity to submit a revised sediment and stormwater plan to the
appropriate plan approval agency and to receive its approval with respect thereto.
The Department shall notify the local inspection agency in a timely manner of
what enforcement action is taken on the site.
14.10 Failure of the person engaged in the land disturbing activity or the contractor to comply
with Departmental requirements may result in the following actions in addition to other
penalties as provided in Chapter 40.
14.10.1 The Department shall have the power to issue a cease and desist order to any
person violating any provision of Chapter 40 and these regulations by ordering
such person to cease and desist from any site work activity other than those
actions necessary to achieve compliance with any administrative order.
14.10.2 The Department may request that the appropriate plan approval agency refrain
from issuing any further building or grading permits to the person having
outstanding violations until those violations have been remedied.
15.0 Maintenance Requirements
15.1 For erosion and sediment control, all practices shall be maintained in accordance with
requirements specified in the Delaware Sediment and Erosion Control Handbook dated
1989 or as directed by the construction reviewer.
15.2 Prior to the issuance of any building or grading permit for which stormwater management
is required, the responsible plan approval agency shall require the applicant or owner to
execute an inspection and maintenance agreement binding on all subsequent owners of
land served by the private stormwater management facility. Such agreement shall provide
for access to the facility at reasonable times for regular inspection by an inspection agency
and for an assessment of property owners to ensure that the stormwater management
structure is maintained in proper design working condition.
15.3 The Department encourages, and will provide technical assistance to, any Conservation
District or local jurisdiction who chooses to assume the maintenance responsibility for
stormwater management structures on, at least, residential lands. Public maintenance
provides a reasonable assurance that maintenance will be accomplished on a regular
15.4 The owner or person responsible shall perform or cause to be performed preventive
maintenance of all completed stormwater management practices to ensure proper
functioning. The responsible inspection agency shall ensure preventive maintenance
through inspection of all stormwater management practices. The inspections shall occur
at least once each year.
15.5 Inspection reports shall be maintained by the responsible inspection agency on all detention
and retention structures and those inspection reports shall include the following items:
15.5.1 The date of inspection;
15.5.2 The name of the inspector;
15.5.3 The condition of:
126.96.36.199 Reservoir area,
188.8.131.52 Outlet channels,
184.108.40.206 Underground drainage,
220.127.116.11 Sediment load, or
18.104.22.168 Other items which could effect the proper function of the structure.
15.5.4 Description of needed maintenance.
15.6 Responsible inspection agencies shall provide procedures to ensure that deficiencies
indicated by inspections are rectified. The procedures shall include the following:
15.6.1 Notification to the person responsible for maintenance of deficiencies including a
time frame for repairs;
15.6.2 Subsequent inspection to ensure completion of repairs; and
15.6.3 Effective enforcement procedures or procedures to refer projects to the Department
if repairs are not undertaken or are not done properly.
16.1 Any person who violates any rule, order, condition imposed in an approved plan or other
provision of these regulations shall be fined not less than $200 or more than $2,000 for
each offense. Each day that the violation continues shall constitute a separate offense.
The Justice of the Peace Courts shall have jurisdiction of offenses brought under this
16.2 Any person who intentionally, knowingly, and after written notice to comply, violates or
refuses to comply with any notice issued pursuant to these regulations shall be fined not
less than $500 or more than $10,000 for each offense. Each day the violation continues
shall constitute a separate offense. The Superior Court shall have jurisdiction of offenses
brought under this subsection.
The conduct of all hearings conducted pursuant to these regulations shall be in accordance with
the relevant provisions of Delaware Code, Title 7, Chapter 60.
If any section, subsection, sentence, clause, phrase, or portion of these regulations are for any
reason held invalid or unconstitutional by any court or competent jurisdiction, such provision and
such holding shall not affect the validity of the remaining portions of these regulations.